STERLING FOUNDATIONS v. MERRITT-CHAPMAN & SCOTT CORP.

Civ. A. No. 15128.

134 F.Supp. 327 (1955)

STERLING FOUNDATIONS, Inc., Plaintiff, v. MERRITT-CHAPMAN & SCOTT CORPORATION, Defendant.

United States District Court E. D. New York.

September 28, 1955.


Attorney(s) appearing for the Case

Alexander & Ash, New York City, for plaintiff, Edward Ash, Joseph Arthur Cohen, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant, John J. Macchia, New York City, of counsel.


GALSTON, District Judge.

This action is brought pursuant to Title 28, U.S.C.A. § 2201, there being, so it is alleged, an actual controversy between the parties.

The defendant has moved to dismiss the action on the ground that the court lacks jurisdiction of the subject matter, or in the alternative to stay the trial of the action and all proceedings herein pursuant to section 3 et seq. of the United States Arbitration Act, 9 U.S.C.A. § 3 et seq....

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